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Statute § 766.1065

Florida Judge Rules that New State Medical Negligence Law is Contrary to Federal Law

By Orlando Personal Injury Attorney on December 11, 2013

In a case that is being monitored closely by Orlando medical malpractice attorneys, a federal judge recently ruled that a new state law is contrary to federal law and expressly preempted by the Health Insurance Portability and Accountability Act (HIPAA). Judge Robert Hinkle, U.S. District Court for the Northern District of Florida, recently ruled that a pre-suit requirement for pursuing medical negligence claims is contrary to federal law and the HIPAA. Under Florida Statute § 766.1065, which went into effect on July 1, a plaintiff wishing to pursue a medical negligence claim must comply with several pre-suit requirements. One of the requirements is that the plaintiff must provide the defendant with notice of the potential claim before the suit is filed. The pre-suit notice must also be accompanied by an authorization signed by the plaintiff that allows the defendant to interview the plaintiff’s health care providers.

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